R25-040 RESOLUTION NO. R25-040
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE PURCHASE OF A VAPEX RADICAL
5 ODOR CONTROL SYSTEM FOR MASTER LIFT STATION #317 FROM
6 VAPEX ENVIRONMENTAL TECHNOLOGIES, LLC, IN AN AMOUNT NOT
7 TO EXCEED $169,750; AND FOR ALL OTHER PURPOSES.
9 WHEREAS, Odor Control is crucial in lift stations to ensure a safe and pleasant
I() environment for employees, businesses, residents, and visitors; and
11 WHEREAS, during 2024, Utilities participated in a ninety (90) day pilot study with Vapex
12 Environmental Technologies' odor control technology, which helped mitigate the odor concerns
13 at the station. Utilities requested a second study, which is currently underway, due to the failure
14 of the existing odor control unit at Master Lift Station #317. The current study is scheduled to end
15 next month, and Utilities recommends purchasing the odor control system to continue odor
16 mitigation throughout the rehabilitation project of Master Lift Station #317; and
17 WHEREAS, Master Lift Station # 317 is scheduled to undergo a complete rehabilitation in
IS the next two years, and included in the scope of work is a new odor control system. Following the
19 completion of the rehabilitation project, the Vapex odor control unit will be removed and installed
20 at other lift stations as needed in the future; and
21 WHEREAS, this purchase will be procured under the single source exemption and will be
22 accomplished by utilizing a purchase order in an amount not to exceed $169,750, which includes
23 all of the City's standard terms and conditions for purchasing; and
24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
25 best interests of the city's citizens and residents to approve the issuance of a purchase order for
26 the purchase of a Vapex Radical Odor Control System for Master Lift Station #317 from Vapex
27 Environmental Technologies, LLC, in an amount not to exceed $169,750.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
30 BEACH, FLORIDA, THAT:
31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
34 approve the issuance of a purchase order for the purchase of a Vapex Radical Odor Control System
35 for Master Lift Station #317 from Vapex Environmental Technologies, LLC, in an amount not to
3(6 exceed $169,750.00, as further detailed in Exhibit A, the Proposal, attached hereto.
37 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
38 authorizes the Mayor to execute the Proposal. The Mayor is further authorized to execute other
39 related documents that may be necessary to accomplish the purpose of this Resolution.
40 SECTION 4. The City Clerk shall retain the fully executed Proposal and purchase order
41 as a public record of the City. A copy of the fully executed Proposal shall be provided to Tremaine
42 Johnson to forward to the Vendor.
43 SECTION 5. This Resolution shall take effect in accordance with law.
44
45
46
47
48
49 [SIGNATURES ON THE FOLLOWING PAGE]
50
51 PASSED AND ADOPTED this ql-h
day of ce ID rt.A.GL,-t)
2025.
52 CITY OF BOYNTON BEACH, FLORIDA
53 YES NO
54 Mayor-Ty Penserga
55
56 Vice Mayor-Aimee Kelley
57 ./
58 Commissioner-Angela Cruz
59 •/
60 Commissioner-Woodrow L. Hay
61 ✓
62 Commissioner-Thomas Turkin
63
64 VOTE r h O
65 ATTE: :
66
67 0 I \ d / 410IPL SO LC"-
41/541...-
68
.f68 Maylee D- Jii, MPA, M )' T r ga
69 City Clerk M.., •r
70 1 =yNlON eF `� APPROVED AS TO FORM:
71 �' O .ORATE••..: ��
72 (Corporate Seal) fo loge ' �' % ,
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74 .� \N O�2, i# -
75It
e ' Shawna G. Lamb
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76 ,�kt,,,, ..00. ' City Attorney
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immiimmimmENVIRONMENTAL
. .
FIRM PROPOSAL
PRESENTED TO:
City of Boynton Beach
LS 317
January 7, 2025
2971-B Oxbow Circle
Cocoa, FL 32926
(407) 977-7250
www.vapex.com
, vaex
ENVIRONMENTAL
1. DESIGN BASIS
Application: s,. Odor
Installation Location: aim Lift Station 317
2 EOL!IPMENT SUPPLIEr
- 1 MILLI Unit Currently Operating at LS 317
-6 HV Nozzle - Flexible
-900 ft Oxidant Tubing
-900 ft Water Tubing
- 1 8" RXN Vent
-2 IOM Manuals
- 1 Installation Kit- MILLI - HV Nozzles
- 1 Operating Kit- MILLI
- 1 Spare Parts Kit- MILLI
- 1 Pedestal
3. SERVICES
VapexTM will furnish the following services:
- One (1) VapexTM certified technician for two (2) days during one (1) trip to assist in:
* Installation inspection
* Start-up supervision
* Operator training
-2 VapexTM certified technican semiannual visits commencing 6 months from startup
4. PATENTS
The Equipment and/or Process quoted herein may operate under one or more U.S. patents.The
Purchase Price includes a one-time royalty payment (if any), which provides the Buyer with
immunity to operate the Equipment specified in the Quotation under any applicable patents.
5. PURCHASE PRICE
All of the above listed for $ 169,750 USD
F.O.B.jobsite,Taxes Excluded
1 5.1 VALIDITY
Proposal:This proposal is valid for 60 days from proposal date. All prices are guaranteed for one
year from date of VapexTM acceptance of a Purchase Order. This proposal does not include applicable
sales and use taxes which will be applied to the final invoice. Please provide tax exemption
certificates(s) if applicable.
Acceptance:To accept this proposal send a Purchase Order to VapexTM Corporate Headquarters- OR-
complete the acceptance information below. All Purchase Orders shall include:
a. Purchase Price quoted in this document
b. Ship to address, contact name and phone number
2971-B Oxbow Circle,Cocoa,FL 32926
(407)977-7250 Page 2 of 6
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ENVIRONMENTAL
c. Bill to address, contact name, phone number and fax number
d. Requested delivery date
e.Tax exemption information if applicable
5.2 PAYMENT TERMS
- 15% upon Submittal Submission or receipt of Submittal Waiver- Net 30 days
-80% upon delivery- Net 30 days
- 5% Net thirty (30) days after equipment startup and training
FOB jobsite. Sales and or Use tax is not included in this proposal. If applicable,
provide tax exemption information. Applicable tax is invoiced with purchase on date of shipment if tax
exemption information is not received.
Orders: Orders are subject to credit evaluation and acceptance. All orders are subject to VapexTM
terms and conditions stated in this document.
Production:VapexTM requires 4 to 6 weeks from the receipt of approved submittals or waiver of
submittals for shipment.
Late Payment Penalty: Invoices not paid 31 days after the invoice date are subject to a Service
Charge of 1-Y2% per month on the unpaid balance.
Cancellation: Unless otherwise specified in writing by the parties, the Buyer may not cancel the order,
except upon written notice and payment to Seller of an amount covering all costs incurred under
the Order, all costs which arose out of the cancellation, and a cancellation fee of 30% of the Order Price.
Materials received and Goods manufactured in part or whole under the Order prior to the time of
cancellation shall be retained by and shall be property of the seller. When calculating the cancellation
related costs, payments made by the buyer to seller prior to cancellation shall be taken into account.
Title:Title to Vapex1M Radical Odor Control Systems and supplied equipment (the Goods) shall
remain vested in VapexTM and shall not pass to the buyer until the purchase price for the Goods
has been paid in full and received by Vapex1M Environmental Technologies, LLC.
Start-Up: Start-up services include equipment start-up,warranty certification and onsite equipment
operation and maintenance training. Trip fees may apply for additional training visits, multi-phase
start-up or non-standard installations. Prior to scheduling the VapexTM technician,the Customer
shall verify that the site is prepared for start-up by completing the start-up form submitted at the
time of Invoicing. If the site is not prepared when the technician arrives and the start-up is
rescheduled,the customer will be responsible for payment of additional trip fees for the technician
at current VapexTM trip rates.
Important Notes: Regarding VapexTM Radical Odor Control system Wet Well installations. If the
system is treating a wet well (or lift station) all access for cables, wires or sample tubing shall be
sealed. All conduit connections into the well must be sealed. If a vent is required, a VapexTM
supplied vent must be installed. VapexTM strongly recommends that all ferrous metal hardware
within the well be epoxy coated to prevent premature corrosion. Pump and/or grinder cables
coated in natural rubber will deteriorate. If there are pump and/or grinder cables located inside
the wet well they must be of a material compatible to sulfuric acid >10% and ozone or the pump
cables must be sleeved with a PVC cable sheath (not provided by VapexTM unless listed in the
Equipment Supplied section of this document). Cables must be sleeved by the customer/contractor
NI
2971-8 Oxbow Circle,Cocoa,FL 32926
(407)977-7250 Page 3 of 6
Nbf: VaPEX
ENVIRONMENTAL
prior to equipment start-up. Contact VapexTM for additional information.
6. WARRANTY
Limited Mechanical Warranty Policy
VapexTM Equipment is warranted to be free from defective material and workmanship, under normal
use and service and when installed, operated and maintained in accordance with installation,
operation and maintenance instructions. This policy and maintenance instructions. This policy
is as follows:
-VapexTM VL- 18 months from shipment or 12 months from start-up whichever occurs first
To make claim under this Warranty, Buyer must notify VapexTM within ten (10) business days after
the date of discovery of any nonconformity and make the affected Equipment immediately available
for inspection by VapexTM or its service representative.
VapexTM Equipment may be deemed nonconforming only by an authorized VapexTM representative.
Returns will not be accepted unless VapexTM has authorized said return in writing. If the VapexTM
inspection indicates non-conforming materials and/or workmanship, the Equipment will, at VapexTMs
option, either be repaired or replaced without charge. Upon receipt of VapexTMs written consent,
Equipment may be promptly returned to the VapexTM factory, F.O.B. However, under certain
circumstances, VapexT" may decide, in its sole discretion, to repair or replace the Equipment at the
Project site. Buyer hereby agrees to provide VapexTM, its employees and/or representatives, free of
charge, onsite access to the Project site and any necessary utilities and plant personnel needed by
VapexTM for the purpose of repairing and/or replacing nonconforming Equipment per this Warranty.
The following will void this warranty:
1. Equipment is used for purposes other than those for which it was designed;
2. Equipment is not used in accordance with generally approved practices;
3. Disasters, whether natural or manmade, such as fire, flood,wind, earthquake, cave-in, lightning,
war, brownout or vandalism, etc.;
4. Unauthorized alterations to or modifications of the Equipment not approved by VapexTM in writing;
5. Abuse, neglect or misuse of Equipment, including but without limitation, operation of Equipment
after a defect is discovered;
6. Operation of Equipment by persons not properly trained for that purpose;
7. Failure to operate the equipment in accordance with VapexTMs specifications, O&M manuals or
other written guidelines, and/or
8. Failure to perform regular cleaning, inspection, adjustment and/or preventative maintenance.
Notes:
A. VapexTM is not liable for any corrective work or expenditure that has not been authorized by
VapexTM in writing prior to the commencement of such work and prior to committing to such
expenditures.
2971-B Oxbow Circle,Cocoa,FL 32926
(407)977-7250 Page 4 of 6
Vapex"
ENVIRONMENTAL
B. Inspection service calls, requested by Buyer, where no evidence of nonconforming materials and/or
workmanship is found, will be invoiced to the Buyer at Vapex1M"s current per diem plus all travel
and living expenses.
C. Onsite labor and freight are not covered by this Warranty.
D. During the Warranty period, all mechanical, electrical and electro-mechanical parts are warranted
provided monthly maintenance is performed and documented and is in conformance with all
terms and conditions stated in the warranty section.
E. Following a Warranty claim,verification of proper operations and maintenance is required.
F. Physical damage due to external forces and/or accident is not covered by this Warranty including,
but not limited to, lightning strikes, brownout damage, electrical surging,flooding, fire,freezing, etc.
G.The effects of corrosion and unforeseeable environmental characteristics are excluded from this
Warranty.
H. Actions by 3rd parties in causing nonconformity of the Equipment are not covered under this
Warranty.
THE LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES OF
ANY KIND WHATSOEVER, WRITTEN, ORAL OR IMPLIED; ALL OTHER WARRANTIES INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE
HEREBY DISCLAIMED.
VAPEXTM SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT(INCLUDING
WARRANTY), TORT(INCLUDING ACTIVE, PASSIVE, OR IMPUTED NEGLIGENCE AND STRICT LIABILITY), OR
OTHERWISE, FOR DAMAGE TO THE EQUIPMENT, PROPERTY DAMAGE, LOSS OF USE, REVENUE OR PROFIT,
COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, ADDITIONAL COSTS INCURRED BY BUYER (FOR
CORRECTION OR OTHERWISE) OR ANY OTHER INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE OR INABILITY TO USE
THE EQUIPMENT.
This exclusion applies even if the Warranty fails of its essential purpose and regardless of whether
such damages are sought for breach of warranty, breach of contract, negligence or strict liability in
tort or under any other legal theory.
Any modification of this Warranty must be in writing and signed by an authorized representative of Vapex.
An adjustment made per this Warranty does not void the Warranty, nor does it imply an extension of the
Warranty Period. Equipment repaired during the Warranty Period carries the un-expired portion of this
original Warranty only. This Warranty is governed by the laws of the state of Florida.
7. ACCEPTANCE & PURCHASE ORDER INFORMATION
Is a Purchase Order(PO) required for the purchase or payment of the products on this Firm Proposal?
(Customer to complete)
2971-B Oxbow Circle,Cocoa,FL 32926
(407)977-7250 Page 5 of 6
., vapeK
ENVIRONMENTAL
[ j No
[ ] Yes- Please complete below - Send copy of Purchase Order
Taxes are not included in the Purchase Price and will be
PO Number: added to the PO amount unless accompanied with a Sales
PO Amount: Tax Exemption Certificate
Is this purchase sales tax exempt?
[ ] No -Taxes apply
[ ] Yes- Please send copy of sales tax exemption certificate with this submission
Upon signature by Customer and submission to VapexTM Environmental Technologies,this Firm Proposal
shall be considered as Accepted as an Order and shall become legally binding unless this Order is rejected
by Vapex' Environmental Technologies for any of the following reasons: (1)the signatory below does not
have the authority to bind Customer to this Order, (2) changes have been made to this document(other
than completion of the purchase order information and the signature block), (3)the PO Amount does not
match the Purchase Price, or(4)the requested purchase order information or signature is incomplete or
does not match our records or the rest of this document.
Name: TNA Qu,sca^y�
Title: Mrd
Organization: LiF. of $ee...LAN
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Signature: Z.)Z�
Date:
CITY A ORNEY'S •F• CE
Approv IX �•� jty
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2971-B Oxbow Circle,Cocoa,FL 32926
(407)977-7250 Page 6 of 6